| 1 | 1 | | 89R13389 RDR-D |
|---|
| 2 | 2 | | By: King H.B. No. 4207 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to obstructing a railroad crossing and the liability of a |
|---|
| 10 | 10 | | railway company for such an obstruction; providing a civil penalty. |
|---|
| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 12 | 12 | | SECTION 1. Chapter 471, Transportation Code, is amended by |
|---|
| 13 | 13 | | adding Section 471.007 to read as follows: |
|---|
| 14 | 14 | | Sec. 471.007. OBSTRUCTING RAILROAD CROSSINGS AND RELATED |
|---|
| 15 | 15 | | LIABILITY; CIVIL PENALTY. (a) Except as otherwise provided by this |
|---|
| 16 | 16 | | section, a train of a railway company may not obstruct a street, |
|---|
| 17 | 17 | | railroad crossing, or public highway for a period of 30 minutes or |
|---|
| 18 | 18 | | more. |
|---|
| 19 | 19 | | (b) A railway company that violates Subsection (a) is liable |
|---|
| 20 | 20 | | for a civil penalty not to exceed $10,000 for each hour that the |
|---|
| 21 | 21 | | violation continues. |
|---|
| 22 | 22 | | (c) It is a defense to liability for a violation under this |
|---|
| 23 | 23 | | section that the train obstructs the street, railroad crossing, or |
|---|
| 24 | 24 | | public highway because of an act of God or a breakdown of the train. |
|---|
| 25 | 25 | | (d) The county in which the violation occurs shall issue a |
|---|
| 26 | 26 | | written notice of violation to the railway company. The |
|---|
| 27 | 27 | | appropriate district or county attorney may bring an action on |
|---|
| 28 | 28 | | behalf of this state to collect a civil penalty under this section. |
|---|
| 29 | 29 | | (e) The district or county attorney shall deposit a civil |
|---|
| 30 | 30 | | penalty in the state treasury to the credit of the general revenue |
|---|
| 31 | 31 | | fund. |
|---|
| 32 | 32 | | (f) A railway company that violates this section is liable |
|---|
| 33 | 33 | | to an individual who is harmed by a delay of emergency services |
|---|
| 34 | 34 | | caused by the violation. A court shall award a claimant who |
|---|
| 35 | 35 | | prevails in an action brought under this subsection: |
|---|
| 36 | 36 | | (1) actual damages; and |
|---|
| 37 | 37 | | (2) court costs and reasonable attorney's fees |
|---|
| 38 | 38 | | incurred in bringing the action. |
|---|
| 39 | 39 | | SECTION 2. Section 471.007(f), Transportation Code, as |
|---|
| 40 | 40 | | added by this Act, applies only to a cause of action that accrues on |
|---|
| 41 | 41 | | or after the effective date of this Act. |
|---|
| 42 | 42 | | SECTION 3. This Act takes effect September 1, 2025. |
|---|